Terms Of Use
Terms of Service
Last updated: 20/04/2024
Please read this Terms of Service (collectively referred to as: “Terms”) as a binding legal agreement, to understand by accessing or using our Website you agree to be bound by the following terms, conditions, and notices contained or referenced. If you do not accept each and every one of these, please do not use our Website.
These Terms govern your access to and use of various features, including, but not limited to verifying email addresses and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audios, videos, or other materials or arrangements of materials uploaded or appearing on the Service (collectively referred to as “Content”).
1. Definitions
- Affiliate: means any entity under the control of the Provider whereas "control" means ownership or the right to control greater than 50%.
- GDPR: – Regulation (EU) 2016/679 of The European Parliament and of The Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
- Personal Data: – any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. Personal Data regarding the Service is data of our Website Visitors and our Users, data entrusted to us by our Users for processing and processing in relation to the use of the Service.
2. Who and how may use our Service
The Services of our Website are available only to entities and to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Website, you represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website.
At all times when you are accessing, browsing, using, registering, or making payment on the Website, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Website. In particular, you must not use the Website in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive, or in breach of any third-party rights (including intellectual property right).
In consideration for Provider granting you access to and use of the Service, you agree that Provider and its affiliate may place advertising on the Website or in connection with the display of Content or information from the Services whether submitted by you or others.
3. Prohibited practices
You are not allowed to use the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national, or international law, and our Terms and Privacy Policy or other rights of a third party.
You agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy the Website or any contents or information contained therein unless you obtain our prior express written consent. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Website.
You agree that you will not provide to this Website: any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data, or information; and any content that may create liability for us.
4. Services, what we provide
On the Website, we provide an opportunity to verify email addresses and to use additional features and services.
Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive license to access, browse and use our Website:
- Free of charge Service: When you visit our Website, we provide you with limited content about email verification, and we provide an opportunity to get notifications about our Service via push notification and to create an account to use our Service.
- When signing up for the Service (creating an online account, subscription, and administering your name and email account) you must provide your accurate and complete information with respect to all fields requested, which shall include your first name/company name and e-mail address. It is your responsibility to maintain and promptly update this information to keep it true, accurate, current, and complete, and also to maintain the security of your account and the API key assigned to you. It is up to you as the account owner to keep your password and API key confidential. You are fully responsible for all activities that occur under the account and API key, and any other actions taken in connection with your account, or the use of the Website or API by that account or API key.
5. Payment
We don’t charge you to use our Service except the Paid Services covered by these Terms. By using our Service and integrating your third-party email marketing account in our Service you agree that we can programmatically access and check your reports and may retain some information and statistics of your verified email addresses in encrypted backups at our sole discretion.
6. Money Back Guarantee
Our 100% Money Back Guarantee applies if you send an email campaign to the email addresses, that you had verified by Provider within 4 days of verification and your hard bounce rate is higher than 5% we refund your last payment. Our Money Back Guarantee applies for email address verifications under the following conditions only:
- Emails must be verified using Provider's website and only by uploading your file on the following page: https://app.verifymagically.com/
- Money Back Guarantee doesn't apply for verifications completed using Provider’s API or One by One, because Provider doesn't keep a record of these verifications.
7. Data Protection and Privacy
Accepting these Terms and by using our Service you engage Provider in processing of the personal data necessary to provide you with the Service on terms and conditions stipulated in this Terms and in Provider’s Data Processing Agreement and Privacy Policy, which constitute an integral part of these Terms.
8. Content
Provider and its affiliates exclusively own all rights, title and interest in and to the Service and the Website, including without limitation any improvements or updates thereto, and all materials therein or transferred thereby, including, without limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights and all intellectual property rights related thereto and derivative works of the foregoing. Except as expressly provided herein, nothing in this Terms shall be deemed
9. Termination, cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your content while some information may remain in encrypted backups. Any files you upload and their result files are automatically and permanently deleted after 30 days.
We reserve the right to permanently or temporarily terminate, suspend or deny your access to the Service at any time with or without notice and in our absolute discretion. If in our sole determination you violate any provision of the agreement or use of the Service outside your usage restrictions, your right to access or use the Service shall immediately cease, and Provider shall have no obligation to maintain or forward any data entered into, collected by or maintained or saved on the Service.
We reserve the right (irrespective of other rights under these Terms) to refuse, remove or delete any content, suspend email addresses, suspend access to the Service or any part thereof, with or without notice, at our sole discretion if we reasonably determine that your activity violates any applicable provision of the law, our policies, these Terms of Service, any third party right or is otherwise objectionable. In the aforementioned situations, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
The Content of your account cannot be recovered once your account had terminated.
If your Account is suspended, creating another account will automatically resulting suspension whether or not you have made a payment on any of the Accounts. Any Account which shows no activity for more than 12 months may be considered inactive. If an Account is considered inactive, the Account may be deleted, and all data associated with that account may be permanently erased.
Any account that has been suspended or deleted may lose all unused email verification credits. If your account is suspended or deleted, or if the Service is terminated you will not be eligible for a refund for any payments made in the past, regardless of the number of email verification credits left on your account.
10. Limitation of liability
The Service is provided “as is” and “as available”. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, or security. Neither Provider, nor its affiliates, owners, employees, contractors, suppliers and licensors, make any warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components.
In the event Provider is unable to verify an email address, Provider will return the result: "Unverifiable Emails". Email verification credits deducted for unknown emails are automatically returned to your account for later use. The number or the level of unknown results does not qualify for a refund of payment under any circumstances.
Our liability is limited whether or not we have been informed of the possibility of such damages and issues. You understand that you utilize the Service, or otherwise obtain content or services through, this website at your own discretion and risk.
Provider does not warrant that the information on the Website, or the information or advice provided by Provider’s colleagues is complete, accurate, non-misleading or true.
You agree to accept full responsibility of any loss resulting from the use of Provider’s Website, services, tools, downloads, advices or any other use of the Services. You agree to use the Services and follow advices at your own risk. Provider does not take responsibility for any delays, downtime, errors, inconsistent or inaccurate results.
11. Indemnity
You will indemnify and will keep indemnified the Provider and its affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatever arising directly or indirectly as a result of:
- any use our Service and any breach of these Terms by you; or
- your fault, negligence or breach of statutory duty; or
- your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our and our affiliates infrastructure (whether owned by, leased or licensed to us).
You agree and represent that you will not be liable to the Provider or its affiliate for any damages arising out of or in connection with the use of the Website.
12. General rules
Any contractual or legal relationship between the parties will be concluded in English.
These Terms form the entire agreement between the parties concerning your access to, browsing and/or use of the Website and supersede all prior agreements, arrangements, understandings, and amade between us concerning the Website.
If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort, or otherwise, the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document, specifically setting forth the precise nature of the dispute. If notice is being sent to Provider it must be emailed to support@Verifymagically.com and sent via mail to: Magically Genius SAAS Private Limited at plot no 7/C, Magically genius, Solan, Sector-2 Parwanoo, Kasauli, Solan- 173220, Himachal Pradesh, India.
In the event that a dispute between the parties cannot be settled, the parties agree to submit the dispute to binding arbitration in accordance with Indian law and the Indian Courts.